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JAMES v. HOFFMAN

158 A.D.2d 398 (1990)

Watson S. James et al., Plaintiffs, and Mary A. Nordeman et al., Respondents, v. Greg Hoffman et al., Defendants, and Marianne Nestor et al., Appellants 15 East 63rd Street Company, Petitioner, v. Carroll Cook et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 22, 1990

Supreme Court erred in granting plaintiffs-respondents' motion to vacate the default judgment entered against them after they failed on several occasions to appear in opposition to defendants-appellants' motion for summary judgment. Respondents' motion to vacate was supported only by an affirmation of counsel which fails to provide either a valid excuse for the default or to show that respondents have a meritorious claim (Tat Sang Kwong v Budge-Wood Laundry Serv.,...

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